mean a further refocus by firms and investors in how they can engage with each other and where, as well as whether, any other products are caught by esmas definitions. So which measures have been taken? As the investors capital is not at risk these products should be explicitly excluded, the regulator says. Esma has indicated that further action may be taken that goes specifically beyond existing action, notably the joint European Supervisory Authorities Warnings on Virtual Currencies. 3, in summary, the final measures and the July Q A aim to protect retail investors, as consumers, from what esma perceives to be products, many of which have become core investment products permitting easy access to investment exposure, including on a cross-border basis, that. Binary Options - a prohibition on the marketing, distribution or sale of binary options to retail investors; and. A standardized risk warnings and disclosures : including the percentage of losses on a CFD providers retail investor accounts.
Esma adopts final product intervention measures on CFDs and
Esma agrees to prohibit binary options and restrict CFDs to protect
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This not only raises the question as to the merits of these protections offered to retail clients in respect of position management, but whether this application of esmas measures in this manner needs to be further detailed to retail clients visually for transparency purposes. The decision is based on the fact that a significant investor protection concern related to the offer of binary options to retail clients continues to exist. These concerns have also been shared by esma, which stated that given the increasing number of cross-border trades with these products, an intervention by esma is the most appropriate and efficient tool to protect this major investor protection issue. As explored in this Client Alert, the impact of these measures may have knock-on effects beyond the segments in which these retail investor products were offered. Outlook for possible solutions and opportunities For firms and investors alike, a couple of solutions might exist such as (1) moving a client to (a currently) permitted product, such as spread betting, or (2) a retail client, at its initiative opting-up to an elective professional. As a result, the impact of the measures are as follows: Ban on binary options : The marketing, distribution or sale to retail clients of binary options was prohibited from July 2, 2018.
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